Commonwealth Consolidated Acts

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Decision to review--actual decisions made after IC review has commenced

             (1)  This section applies if:

                     (a)  an agency or Minister has been taken to have made a decision (the deemed decision ) under subsection 15AC(3), 51DA(2) or 54D(2); and

                     (b)  a person makes an IC review application for review of the deemed decision; and

                     (c)  the Information Commissioner has not made a decision under section 54W (decision not to review) or 55K (decision on review) in relation to the deemed decision; and

                     (d)  subsection 15AC(7), 51DA(6) or 54D(6) applies in relation to a decision (the actual decision ) made by the agency or Minister.

             (2)  The Information Commissioner must deal with the IC review application for review of the deemed decision as if it were an IC review application for the review of the actual decision, subject otherwise to this Part.

Note:          When making the actual decision, a consultation requirement under section 26A (documents affecting Commonwealth-State relations etc.), 27 (business documents) or 27A (documents affecting personal privacy) may apply.

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